Almost every family with an older relative, or with a history of cognitive illness, will instantly recognise the terms ‘Lasting Power of Attorney’ and ‘Deputyship’. When a loved one becomes unable to make decisions about their financial affairs and care, this responsibility falls onto the shoulders of either someone they, or the court system, has appointed.
The ideal, in every scenario, is for each individual to have the right to decide who that might be. Still, the reality is that leaving it too late or failing to make any decisions can take that autonomy away and leave families struggling to find a way forward.
Guardian Angel Carers, an acclaimed nationwide network of private home care franchises, explains what each of these terms means, why they’re important, and shares advice for families and those approaching later life to clarify the options.
What Is the Difference Between a Lasting Power of Attorney and a Deputyship?
A Lasting Power of Attorney (LPA) is a document a person can register that records their wish for someone they know, love, and trust to protect their interests and well-being. Many LPAs are created because an individual might anticipate a future inability to make decisions independently.
Deputyships carry no such level of choice, because a Deputy is someone appointed by the UK’s Court of Protection. This typically happens because a person has been deemed as not having the capacity to manage their financial and well-being decisions, such as following a diagnosis of dementia or Alzheimer’s.
Although in a perfect world, every Deputy would be the exact person you might choose to have LPA, this isn't guaranteed. For instance, estranged families might end up in a situation where the court decides a next of kin is the obvious Deputy, regardless of whether the individual concerned would object to this.
LPA is the best option for most, and you can nominate anyone over 18 to act on your behalf, provided you have the capacity to make that decision. You can also choose to have several Attorneys whom you trust to protect your interests. They can then make choices as a group based on what they know you would have wanted them to do if you had been able to vocalise those preferences.
Why Is a Court-Ordered Deputyship Not Always Preferable?
The courts will always act in a way that upholds the law and the rights of the individual, but there is no shying away from the fact that this isn't a process with 100% certainty.
In some cases, if the courts don’t know of a lifelong friend, unofficial partner or godchild, perhaps, who you would happily place your full trust in to safeguard your welfare, the courts can appoint an alternative like the local authority, a solicitor or another professional to act as your Deputy.
This is something we know most would find difficult to accept when it comes to decisions as critical as their quality of care, or how they’d like their finances, assets, and property to be managed. While Health and Welfare Deputyships are limited to having control over your medical care, general Deputyships have full control over all property and finances.
Why Should I Consider Granting Lasting Power of Attorney Sooner Rather Than Later?
Granting LPA can feel like a huge step, especially if you’re healthy, active and well, but it’s also a proactive way to protect yourself for the future.
LPA agreements have several prerequisites, including that you have to have the mental capacity to grant LPA, and must have registered the LPA before a medical professional determines you no longer have that capacity.
It takes about eight to 12 weeks to create and file an LPA agreement, and it’s sometimes worth starting this process quickly to ensure you’ve chosen who will represent you, such as releasing your funds to cover the costs of care if a medical situation becomes urgent.
Another benefit is that appointing an LPA is considerably cheaper. As a rough idea, it costs about £80 to register an LPA. In contrast, the court fees alone associated with a Deputyship application are close to £400 and followed by annual fees that are currently set at just over £300.
How Are the Responsibilities of LPAs and Deputies Different?
Regardless of whether you’re considering appointing an LPA or investigating what a Deputyship means, the levels of supervision and control are substantially different. Although a Deputyship is rarely anyone’s first choice, strict controls and supervision rules are in place to ensure that court-appointed Deputies act properly.
This also, of course, links into the annual Deputyship fees we’ve mentioned, which cease to apply if you or a loved one has chosen your own LPA representative.
Without diving into the legalities too deeply, Deputies must submit annual reports detailing the expenditures they’ve approved on your behalf, whereas LPAs don’t have this level of oversight and can act on the trust of the person they represent.
Advice on Implementing LPA Before a Deputyship Becomes Necessary
There’s little doubt that an LPA is the best route. They ensure that every person can choose their future Attorneys, free from the potential of having someone they wouldn't want to represent them making profoundly important decisions on their behalf.
Granting LPA is more cost-effective, quicker and better controlled, and means each of us reserves the right to pick who represents us, whether a friend, partner, child or family member or an accountant or solicitor you know and feel sure will uphold your interests.
As a specialist home care agency, our advice would be that putting the right legal safeguards in place is hugely advantageous, and means you make decisions now, and in good cognitive health, about who will manage your affairs if at any point you’re not able to.
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About Guardian Angel Carers
Guardian Angel Carers is a leading home care provider dedicated to delivering compassionate, personalised care services. With a strong focus on independence, dignity, and quality of life, the company supports individuals in the comfort of their own homes, offering a range of services from companionship to complex care needs.
Published by: Steve OBrien